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Access over workers' compensation decisions, including En Banc, Significant Panel Decisions, and writ-denied cases.

Case No. MISSING
Regular Panel Decision
May 12, 1989

Widawski v. United Beef Packers, Inc.

The Supreme Court, Bronx County, affirmed an order denying the defendant's motion for summary judgment. Defendant United Beef Packers failed to sufficiently establish its defense as a matter of law. Material issues of fact exist regarding whether United Beef Packers had severed all ties to the Indiana meat-packing plant where the plaintiff sustained injury on September 7, 1986. This injury occurred before the plaintiff’s employer, Hebrew National Kosher Foods, Inc., moved its operation there. The various depositions did not resolve whether the plaintiff’s sole remedy lies against Hebrew National based on workers’ compensation.

Summary JudgmentWorkers' CompensationMaterial Issues of FactCorporate LiabilitySevered TiesMeat-packing PlantEmployer ResponsibilityPersonal InjuryAppellate DecisionSupreme Court
References
1
Case No. ADJ8944738, ADJ8028796, ADJ8030015
Regular
Jan 21, 2014

MANUEL GODOY vs. CARGILL BEEF PACKERS, SEDGWICK CLAIMS MANAGEMENT SERVICES, Zenith Insurance Company, Lamanuzzi and Pantaleo

The Appeals Board granted petitions for removal by defendants Cargill Beef Packers and Zenith Insurance Company, rescinding a prior order consolidating three workers' compensation cases. Consolidation was deemed premature due to significant prejudice and potential trial delay, particularly concerning Zenith's pending statute of limitations and post-termination defenses. The Board ordered the January 30, 2014 priority hearing in Zenith's case to proceed as scheduled. Future consolidation considerations will require notice to all parties.

Petition for RemovalConsolidation OrderPrejudiceTrial DelayCumulative TraumaSpecific InjuryAgreed Medical ExaminersAOE/COE TrialStatute of Limitations DefensePost-Termination Defense
References
2
Case No. ADJ8979705
Regular
Oct 01, 2016

VENANCIO GALLEGOS vs. ROSE & SHORE RITE WAY RR MEAT PACKERS, INCORPORATED/RITE-WAY MEAT PACKERS, INCORPORATED, EVEREST NATIONAL INSURANCE COMPANY

The Appeals Board granted defendant's Petition for Removal, rescinding the WCJ's order to further develop the record. This decision was based on the WCJ's premature order to depose the original PQME, Dr. Steiger, before ruling on whether his reports were admissible. The Board found that requiring this deposition without a ruling on Dr. Steiger's availability would be premature and cause irreparable harm. The case is returned to the trial level for a status conference before a new judge to address the PQME dispute and other issues.

Petition for RemovalVacating SubmissionPQME depositionMedical report admissibilityCross-examinationWCJ orderWorkers' Compensation Appeals BoardRecord developmentPrecedentIrreparable harm
References
3
Case No. MISSING
Regular Panel Decision

Claim of Noto v. Ford Motor Co.

A claimant who worked as a welder for 26 years developed a 30.6% binaural hearing loss attributed to high noise levels during employment. The Workers’ Compensation Board found the self-insured employer entirely responsible for this loss. The employer appealed, arguing that a portion of the disability was attributable to the claimant's previous employment with Growers & Packers Cooperative & Canning Company. The appellate court affirmed the Board's decision, citing Workers’ Compensation Law § 49-ee (1), which holds the last employer liable for total compensation for hearing loss unless specific conditions for apportionment are met and proven. Despite the employer conducting a preplacement hearing examination and notifying Growers & Packers, the court found insufficient evidence to establish a causal link between any preexisting hearing loss and the prior employment, siding with the claimant's testimony. The employer's other contentions, including a request for further record development, were deemed without merit.

Hearing LossOccupational DiseaseWorkers' CompensationApportionmentLast Employer LiabilityPreplacement ExaminationNoise ExposureEmployer LiabilityAppellate ReviewSubstantial Evidence
References
2
Case No. ADJ3803320 (GOL 009004)
Regular
Jun 10, 2011

MAURA GARCIA vs. KATHERINE PACKER, ALL STATE INSURANCE COMPANY

The defendant sought reconsideration of a Finding of Fact and Award which ordered further medical evaluations for the applicant's psychiatric injury claim. The Board dismissed the reconsideration petition because the challenged finding was not a final order, as it did not determine substantive rights or liabilities. Treating the petition as one for removal, the Board denied it based on the WCJ's report. Therefore, the applicant will proceed with further medical evaluations.

WCABFindings of Fact and Awardpsychiatric injurymedical evaluationsdiagnostic testingpetition for reconsiderationpetition for removalfinal ordersubstantive rightsliabilities
References
3
Case No. ADJ3803320 (GOL 0099004)
Regular
Aug 13, 2012

MAURA GARCIA vs. KATHY PACKER, ALLSTATE INSURANCE COMPANY

The applicant sought reconsideration of a WCJ's finding that her psyche injury was not industrially caused. The applicant argued her psychiatric condition was a compensable consequence of her orthopedic injury. The Board granted reconsideration to correct clerical errors in the date of injury. However, the Board affirmed the WCJ's finding, agreeing that the applicant failed to prove industrial causation for her psyche injury, specifically factitious disorder, as required by Labor Code § 3208.3. The matter was returned to the trial level.

Workers' Compensation Appeals BoardPetition for ReconsiderationIndustrial InjuryPsyche InjuryOrthopedic InjuryCompensable ConsequencePredominant CauseLabor Code section 3208.3Factitious DisorderAgreed Medical Evaluator
References
2
Case No. FRE 0233278
Regular
Dec 31, 2007

DELIA G. WILSON vs. BEEF PACKERS, INC, ZURICH INSURANCE

The Appeals Board granted reconsideration to address penalties and attorney's fees awarded by the WCJ. While affirming the WCJ's decision that the defendant could not deduct permanent disability advances made before April 8, 2006, the Board reversed the penalties and attorney's fees. The Board found that ambiguities in the Compromise and Release agreement regarding deductions created reasonable doubt, thus precluding penalties for delayed payment.

Workers' Compensation Appeals BoardDelia G. WilsonBeef PackersInc.Zurich InsuranceGallagher Bassett ServicesInc.Compromise and ReleaseOrder Approving Compromise and ReleasePermanent Disability Advances
References
0
Case No. ADJ8583264, ADJ8583294
Regular
Aug 01, 2019

MARICELA MACEDO vs. KINGSBURG APPLE PACKERS, INC., ZENITH INSURANCE

Here's a concise summary for a lawyer: The Workers' Compensation Appeals Board denied a lien claimant's petition to disqualify the judge. The claimant alleged bias based on the judge's statements regarding late-filed exhibits and a violation of due process for not admitting their trial exhibits. The Board found no evidence of an unqualified opinion or enmity sufficient for disqualification. Furthermore, the issue of exhibit admissibility was deemed premature as the judge had not yet made a decision.

Lien claimantDisqualificationWCJDue processTrial exhibitsPre-trial ordersEx parte communicationPetition for reconsiderationOrder vacating submissionLabor Code section 4622
References
0
Case No. ADJ6954999
Regular
Sep 01, 2015

VALENTIN GARCIA vs. KINGSBURG APPLE PACKERS, INC., ZENITH INSURANCE COMPANY

In this case, lien claimant Med-Legal Photocopy (MLP) sought reconsideration of a decision denying its claim for $\$ 3,827.05$ in photocopying expenses. The Appeals Board denied MLP's petition, finding that MLP failed to meet its burden of proof. Specifically, MLP did not demonstrate that a contested claim existed when the expenses were incurred, nor that they were necessary to prove or disprove such a claim. Therefore, the Board affirmed the denial of the lien.

References
3
Case No. ADJ7177577, ADJ7698472
Regular
Jun 25, 2012

JUAN MENDOZA vs. AMERICAN BEEF PACKERS, BARRETT BUSINESS SERVICES, INC.

This case involves applicant Juan Mendoza's workers' compensation claims for a specific back and leg injury on September 3, 2009, and cumulative trauma from November 1, 2009, to December 28, 2009. The Appeals Board granted reconsideration, rescinded the trial judge's findings, and returned the matter for further proceedings. The Board found that the Qualified Medical Evaluator's report was not substantial evidence and ordered the evaluator to re-evaluate the cumulative trauma claim considering the applicant's entire employment history as a butcher. Furthermore, the Board indicated a need for further development of the record regarding the statute of limitations and post-termination claim issues.

Workers' Compensation Appeals BoardReconsiderationFindings of FactQualified Medical EvaluatorSubstantial EvidenceLabor Code Section 5405Labor Code Section 3600(a)(10)Post-termination ClaimStatute of LimitationsCumulative Trauma
References
0
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